Lopez v. Kinton et al
Filing
9
ORDER TO SHOW CAUSE: ORDERED granting Plaintiff's 6 Motion for Leave to Proceed in forma pauperis. Within 30 days from the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a Response. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal of this action without prejudice. Signed by Senior Judge Robert C Broomfield on 5/7/12. (LFIG)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10
Margina Marie Lopez,
Plaintiff,
11
12
vs.
13
John Kinton, et al.,
14
Defendants.
15
)
)
)
)
)
)
)
)
)
)
)
)
No. CV 12-178-PHX-RCB (LOA)
ORDER TO SHOW CAUSE
16
17
18
Prison Complex-Perryville, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983
19
and an Application to Proceed In Forma Pauperis. In a February 13, 2012 Order, the Court
20
denied the Application to Proceed with leave to refile. On March 15, 2012, Plaintiff filed a
21
new Application to Proceed In Forma Pauperis (Doc. 6). On April 2, 2012, Plaintiff filed
22
a Notice of Change of Address (Doc. 8) indicating she is no longer in custody. The Court
23
will require Plaintiff to either pay the filing fee or show good cause why she cannot pay.
24
Pursuant to 28 U.S.C. § 1915(b)(1), “if a prisoner brings a civil action or files an
25
appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee.”
26
28 U.S.C. § 1915(b)(1). Because Plaintiff brought this civil action while she was still a
27
JDDL
Plaintiff Margina Marie Lopez, who was formerly confined in the Arizona State
prisoner, she will be required to pay the full amount of the $350.00 filing fee even though
28
1
she is now released. See Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002) (“Under the
2
[Prison Litigation Reform Act], all prisoners who file [in forma pauperis] civil actions must
3
pay the full amount of the filing fee.”)
4
If Plaintiff were still a prisoner, the Court would order Plaintiff’s custodian to
5
periodically withdraw funds from Plaintiff’s inmate account according to the statutory
6
formula in 28 U.S.C. § 1915(b)(2) until the filing fee was paid in full. However, because
7
Plaintiff is no longer in custody, and therefore does not have a prison account, she cannot
8
avail herself of the partial payment provisions of 28 U.S.C. § 1915(b)(1), (2). The statute
9
makes no other provision for incremental collection of the fee. Therefore, Plaintiff must now
10
pay the filing fee in full.
11
Plaintiff will be given 30 days from the date this Order is file to either pay the $350.00
12
filing fee or file a “Response” to this Order. Plaintiff’s Response must state the date of her
13
release and must either promise to pay the $350.00 filing fee within 120 days from the date
14
of her release or show good cause why she cannot pay the filing fee. Plaintiff’s Response
15
must be made under penalty of perjury. See 28 U.S.C. § 1746 (oath requirement may be
16
satisfied when a person declares under penalty of perjury that the submission is true and
17
correct and signs and dates the document).
18
Plaintiff is advised that even after she pays the filing fee, the Court is required to
19
screen complaints brought by prisoners seeking relief against a governmental entity or an
20
officer or an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must
21
dismiss a complaint or portion thereof if the plaintiff has raised claims that are legally
22
frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek
23
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),
24
(2).
25
26
dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61
27
(9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order
28
JDDL
If Plaintiff fails to timely comply with every provision of this Order, the Court may
of the Court).
-2-
1
IT IS ORDERED:
2
(1)
Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 6) is granted.
3
(2)
Within 30 days from the date this Order is filed, Plaintiff must either pay the
4
5
6
7
$350.00 filing fee or file a Response as described above.
(3)
If Plaintiff fails to pay the filing fee or file a Response to this Order within 30
days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice.
DATED this 7th day of May, 2012.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JDDL
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?